ASHOK KUMAR ALIAS ASHOKI Vs. STATE

JUDGEMENT

(1.) This appeal has in fact been filed through Mr. D.R. Sharma, Advocate, but unfortunately he has not appeared despite the matter being shown on the regular board, therefore, I heard Sodhi Teja Singh, counsel for the State, who has very fairly taken the case.

(2.) Three persons including the appellant were convicted by the learned trial judge and the present appellant had been sentenced to undergo rigorous imprisonment for seven years under Sections 392/397/34 of the Indian Penal Code. Similar sentence was recorded in the case of an other accomplice Ramesh while the third accomplice Rohtas was sentenced to four years rigorous imprisonment under Sections 392/34 of the Indian Penal Code. The court has also directed that the appellants will be entitled to set off for the period during which they were under detention.

(3.) The victim of the offence in the present caseisPW-l,Smt. Sushma. On 27th march, 1983, after coming out of her office she in the company of Kumari Yashoda, PW-2 and Smt. Francis Minz, PW12 while proceeding on Raiseena Road, New Delhi in order to reach the bus stop, at about 3.25 p.m. when they were passing through the road, two boys approached them and asked about some address. Showing their inability to help they proceeded when Ashok Kumar, who was described as a tall boy, caught hold of her golden chain from backside and pulled it. She resisted by holding the chain from the front as a result of which she succeeded in extricating a portion of the chain. In the process when all the three of them proceeded further, both of them came from front and the tall boy identified as the appellant, holding a revolver and the other one identified as Ramesh, holding a knife, threatened her to part with the other portion of the chain. An alarm way raised and both these boys including the appellant escaped on a scooter which was parked nearby and was being driven by the third accused Rohtas. It is alleged that the scooter was in running condition at that time.